(Legal Aptitude I) Flashcards

A passage discusses the principle that 'no person shall be a judge in their own cause.' Which Latin maxim does this describe, and in which branch of law does it primarily operate?

Answer: Nemo debet esse judex in propria causa — judicial review / public law

Nemo debet esse judex in propria causa ('no one should be a judge in their own case') is a rule against bias central to judicial review and administrative law.

In an LNAT argument passage, the author concludes that 'children who witness domestic violence should automatically be considered victims under criminal law.' What implicit value judgment underlies this conclusion?

Answer: That witnessing harm is itself a form of harm deserving legal recognition

The conclusion rests on the normative premise that psychological harm from witnessing violence is real and legally cognisable — a value judgment about what counts as victimhood.

A company's contract contains a clause stating: 'All disputes arising from or in connection with this agreement shall be resolved by arbitration.' A party attempts to litigate in court instead. What is the most likely outcome?

Answer: The court will likely stay the proceedings and refer the parties to arbitration per the clause

Courts in most common law jurisdictions enforce valid arbitration clauses by staying litigation and directing parties to honour their agreed dispute resolution mechanism.

A legal theorist argues: 'Law is simply the command of a sovereign backed by sanctions.' A critic responds by pointing to customary international law, which lacks a sovereign lawgiver. This criticism most directly challenges which school of jurisprudence?

Answer: Legal positivism in its Austinian command theory form

John Austin's command theory holds that law requires a sovereign and sanctions; customary international law, which lacks both, is a standard counterexample to this theory.

A passage argues that hate speech laws restrict free expression and should be abolished. An opponent argues that hate speech causes measurable psychological harm to targeted communities. Which statement most accurately describes the logical relationship between these positions?

Answer: They reflect a genuine value conflict between liberty and protection from harm, not merely a factual dispute

Even if both parties agreed on all facts, they would still disagree because they weight liberty and harm-prevention differently — this is a values conflict, not just a factual one.

A statute imposes strict liability for environmental pollution, meaning the prosecution need not prove intention or negligence. Which rationale most strongly justifies strict liability in this context?

Answer: It incentivises companies to take maximum precautions because they cannot escape liability by showing due care

The core policy rationale for strict liability is that removing the fault requirement forces potential wrongdoers to invest heavily in prevention, since no level of care will shield them from liability.

In an LNAT comprehension passage, the author states that 'the rule of law requires that law be applied equally, prospectively, and with sufficient clarity.' A government retrospectively criminalises conduct that was legal at the time it occurred. Which rule of law requirement does this most directly violate?

Answer: The prospectivity requirement — the law punishes conduct that was lawful when done

Retrospective criminal legislation violates the rule of law principle that individuals must be able to predict the legal consequences of their actions at the time they act.